• What are “ghost guns”?
  • Ghost guns are untraceable privately made firearms without serial numbers, assembled from components bought online or made through 3D printing.
• Why are ghost guns a problem?
  • People who purchase these components online or who print them at home are not required to undergo background checks or register the weapons. The parts used to build them are classified as components, not actual guns, in federal regulations.
• What is the goal of San José’s Privately Made Firearm Ordinance?
  • The goal is to reduce gun harm in the City of San José. Ghost guns pose a public safety concern because they can easily get in the hands of those banned from gun ownership.
• What will the Privately Made Firearm Ordinance do?
  • The Privately Made Firearm Ordinance will prohibit the manufacture, assembly, possession, transfer, or sale of unfinished frames or receivers unless they are imprinted with a serial number issued by a Federal Firearms Importer or Manufacturer in accordance with federal law or engraved or permanently affixed with a serial number provided by the California Department of Justice. Exemptions apply, and they are detailed on page 5 of the Privately Made Firearm Ordinance.
• Are there any existing federal or state laws regulating ghost guns or gun parts kits?
  • There are new federal regulations that took effect on August 24, 2022. There are state regulations in effect including AB 857, and AB 879. In addition, Governor Newsom announced a set of gun harm legislation in February 2022, including AB 1621 which further prohibits un-serialized firearms in the state. AB 1057 adds a frame, receiver, or precursor part to the definition of “firearm” for the purpose of surrender or seizure related to a Gun Violence Restraining Order and a domestic violence restraining order.
• When will ghost gun owners need to be compliant with the ordinance?
  • Following a second reading on May 17, 2022, the ordinance went into effect after June 16, 2022. Active enforcement of the ordinance will begin 120 days following the effective date, for residents of San José who are in possession of un-serialized frames or receivers. Owners of un-serialized firearms must obtain a serial number from the California Department of Justice immediately.
• How will the privately made firearm ordinance be enforced in San José?
  • When the Police Department discovers, through the normal course of business, an un-serialized, unmanufactured part applicable under this ordinance, they will consider enforcement. As always, Department personnel will decide on enforcement based on the totality of the circumstances.
    • Enforcement could happen either under Chapter 1.08 or Chapter 1.15 of the municipal code.
      • 1.08 – It would be enforced as a misdemeanor with a maximum penalty of one year in county jail and/or a fine up to $1,000.
      • 1.15 – It would result in a fine. Amount to be determined by the City Manager in fall 2022, however the default amount is $25.
• What happens if a person is not compliant with the ordinance?
  • Persons may become compliant by going to the DOJ’s website and requesting a serial number.
  • Enforcement will follow the description above.
• Have other jurisdictions done this?
  • Yes, other major California cities have banned the possession, sale, and transfer of un-licensed and un-serialized firearms, and unfinished and un-serialized frames and receivers including San Francisco, Oakland, Los Angeles and San Diego.
• What else is San José doing to reduce gun harm?
  • On February 8, 2022, the San José City Council adopted the Gun Harm Reduction Ordinance. See below for more information.

Gun harm reduction ordinance

• What is the Gun Harm Reduction Ordinance?
  • The full ordinance can be found online here. There are two parts to this ordinance:
    • Liability insurance: This requires San José residents that own or possess a firearm in the City to obtain and continuously maintain a homeowner’s, renter’s or gun liability insurance policy that specifically covers losses or damages resulting from accidental use of the firearm, including but not limited to death, injury, or property damage.
    • Annual gun harm reduction fee: If you live in San José and own or possess a firearm in the City, you must pay an annual gun harm reduction fee to the designated nonprofit organization each year.
• When does the ordinance take effect?
  • The liability insurance requirement takes effect on January 1, 2023.  All gun owners living in San José must have insurance in compliance with the ordinance by that date.
  • A precise date for collection of the fee has not yet been set, but will not occur until January 1, 2023 at the earliest. Gun owners will be required to pay the fee only after the City establishes an implementation date.
  • The ordinance takes effect 180 days after the final adoption by Council, which was on Feb. 8, 2022. The ordinance took effect on August 8, 2022, however the insurance requirement and the gun harm reduction fee did not immediately come into effect on that date. The insurance requirement takes effect on January 1, 2023.

Liability insurance

• Who is required to obtain liability insurance?
  • All San José residents that own or possess a firearm in the City.
• When do gun owners need to purchase liability insurance?
  • If you own or possess a firearm, you will need to have an insurance policy in effect no later than January 1, 2023.
• What are the insurance requirements?
  • Gun owners must have a homeowner’s, renter’s or gun liability insurance policy for their firearm(s). The insurance policy must cover losses or damages resulting from accidental use of the firearm including but not limited to death, injury, or property damage.
• What are the minimum limits of coverage mandated by the City?
  • Coverage minimums are not mandated in the insurance requirements of the Ordinance.
• When and where will the insurance forms be made available?
  • The insurance forms are available via this link, and hard copies are available at San José City Hall and the San José Police Department.
• How must gun owners provide evidence of their liability insurance?
  • A City of San José insurance attestation form must be kept wherever guns are stored or transported.
• How will the liability insurance requirement be enforced?
  • Any firearm discovered without an insurance attestation form will trigger a report by the police department and may result in an administrative citation. Fees start at $250. Appeal for administrative citation(s) will be heard by the City.
• Is anyone exempt from the liability insurance requirement?
  • Yes, the following people are exempt from the liability insurance requirement:
    • Those persons designated as peace officers pursuant to Chapter 4.5 of Title 3 of Part 2 of the California Penal Code (§830 et seq.), including sworn peace officers, active reserve peace officers and retired peace officers.(Need to provide proof of eligibility for the exemption – show ID from issuing agency upon request; police to verify employment upon contact)
    • Those persons who have a license to carry a concealed weapon issued pursuant to California Penal Code § 26150 or § 26155, for as long as these statutes are legally enforceable. (Need to provide proof of eligibility for the exemption – show CCW license upon request)
    • Those persons for which compliance with this Part would create a financial hardship. (Details included on the attestation form.)

Annual gun harm reduction fee

• How much will the annual gun harm reduction fee be?
  • The fee is not currently being collected, but it is tentatively set to be $25.
• Is the fee per gun or per gun owner/household?
  • The fee is per household.
• Who must pay the annual gun harm reduction fee?
  • All San José residents that own or possess a firearm in the City will be required to pay the fee to a nonprofit designated by the City. The implementation date for this annual fee has been extended by the City Manager and has not yet been set.
• When, where, and how do gun owners pay the gun harm reduction fee?
  • Information about the fee and payment is being developed.
• Who collects the gun harm reduction fee?
  • There will be a nonprofit designated to collect the fee and provide services as defined in the ordinance. The nonprofit has not yet been designated. This will be done as part of the implementation process.
• What will the collected gun harm reduction fees be used for?
  • A designated nonprofit organization will use these fees to provide voluntary services to residents of the City that own or possess a firearm, to members of their household, or to those with whom they have a close familial or intimate relationship. Such expenditures may include, but are not limited to the following:
    • Suicide prevention services or programs
    • Violence reduction services or programs
    • Addiction intervention and substance abuse treatment
    • Mental health services related to gun violence
    • Firearms safety education or training
• When will these services be made available?
  • Availability of services will depend on funding and capacity. These programs will be developed in the future as the ordinance is implemented. The designated nonprofit will oversee the coordination of these services.
• Is anyone exempt from the annual gun harm reduction fee?
  • The following individuals are exempt from the requirements of the Gun Harm Reduction Ordinance:
    • Those persons designated as peace officers pursuant to Chapter 4.5 of Title 3 of Part 2 of the California Penal Code (§830 et seq.), including sworn peace officers, active reserve peace officers and retired peace officers.  (Need to provide proof of eligibility for the exemption – show ID from issuing agency upon request; police to verify employment upon contact)
    • Those persons who have a license to carry a concealed weapon issued pursuant to California Penal Code § 26150 or § 26155, for as long as these statutes are legally enforceable. (Need to provide proof of eligibility for the exemption – show CCW license upon request)
    • Those persons for which compliance with this Part would create a financial hardship.
• How will the gun harm reduction fee be enforced?
  • • • When the gun harm reduction fee is paid, a receipt will be provided by the non-profit. The receipt must then be kept with the firearm and will be valid for one year. Discovery of a firearm without a receipt may garner an administrative citation.

     

     

    ---

    NOTICE: All persons depicted are presumed to be innocent unless proven to be guilty in a court of law. The fugitive.com and fugitivewatch.com notations appearing on this are TRADEMARKS and NOT an expression of fact or opinion.

    AVISO: Todas las personas representadas son presumidas de ser inocente a menos que resultara culpable en un tribunal de justicia. Fugitive.com y fugitivewatch.com anotaciones que aparecen en este sitio son MARCAS REGISTRADAS y NO una expresión de hecho o de opinión.

    COMMENT ADVISEMENT: We welcome your thoughts, but for the sake of all readers, please refrain from the use of obscenities, personal attacks or racial slurs. All comments are subject to our terms of service and may be removed. Repeat offenders may lose commenting privileges.

    AVISO DE COMENTARIO: Damos la bienvenida a tus pensamientos, pero por el bien de todos los lectores, por favor abstenerse de la utilización de obscenidades, ataques personales o insultos racistas. Todos los comentarios están sujetos a nuestros términos y condiciones del servicio, y podrá ser retirado. Reincidentes pueden perder privilegios comentar.

    ---

    Fugitive Watch was founded in 1992 by two San Jose police officers, Steve Ferdin and Scott Castruita. Fugitive Watch is a reality-based television show, newspaper and website, fugitive.com. We can also be found on social media such as Instagram, Facebook, and Twitter. The mission of Fugitive Watch is to make your community safer by helping law enforcement fight crime. Fugitive Watch brings the community, local businesses, and law enforcement together to solve crimes, apprehend wanted fugitives and provide education and crime prevention information to the community.

    Business and private sponsorship help Fugitive Watch empower the community to strike back at crime from the safety of their living rooms. Fugitive Watch has been credited by law enforcement with over several 2,890 crimes solved or fugitives apprehended. Fugitive Watch also helps improve the safety of police officers by locating fugitives for law enforcement so they can more safely arrest them rather than unexpectedly running across them through extremely dangerous routine “chance encounters”. As law enforcement officers know all too well, These “chance encounters” have resulted in countless officer injuries and deaths.